NJ De Minimis Infractions

Even minor criminal charges or technical violations can negatively impact your life and future if they lead to a conviction in New Jersey. But for low-level offenses, you may qualify to have charges dismissed under the state's "de minimis infraction" law. New Jersey's de minimis statute provides a way to avoid conviction and clear your record through pre-trial intervention. Understanding when it applies and how it works is key to taking advantage of this relief option.

What is a De Minimis Infraction?

A de minimis infraction under N.J.S.A. 2C:2-11 is a technical violation of the law that is too minor to warrant prosecution and conviction. It allows charges to be dismissed pre-trial. To qualify as de minimis, an offense must meet certain criteria:

• The defendant's conduct was not serious
• Dismissal will not jeopardize public safety or welfare
• Dismissal will not depreciate the seriousness of the offense

If these elements are satisfied, charges can be dismissed as petty and unworthy of prosecution.

Types of Offenses Eligible for De Minimis

While technically any minor offense could qualify, de minimis is commonly granted for low-level crimes like:

• Disorderly persons offenses
• Municipal ordinance violations
• Minor drug possession charges
• Underage drinking offenses
• Low-level thefts

It provides a way out for first-time offenders facing minor charges without serious harm or violence.

Benefits of De Minimis Relief

The main benefits if charges are dismissed as a de minimis infraction are:

• No criminal conviction on your record
• Avoid fines, probation or other sentencing
• Charges dismissed and case closed
• Immediate eligibility for expungement

It's as if the arrest and charges never occurred, helping avoid collateral consequences.

The De Minimis Process in New Jersey

There are a few steps involved in the de minimis process in NJ:

1. Review facts of case and determine if de minimis applies
2. Defense counsel files motion to dismiss charges as de minimis
3. Prosecutor can consent or object to de minimis relief
4. Judge reviews motion and makes final determination
5. If granted, charges are dismissed and record cleared

The prosecutor and judge have discretion, but often agree in appropriate cases.

How Lawyers Argue De Minimis Motions

In the dismissal motion, the defense attorney will argue:

• The offense was minor/technical and caused little or no harm
• You have no prior criminal record
• Dismissal will not threaten public safety or order
• Conviction would be unduly harsh and excessive

If these elements are established, judges will often grant de minimis dismissal in the interests of justice.

Prosecutor's Role in De Minimis Cases

The prosecutor has discretion over whether to agree or object to de minimis dismissal. Factors they may consider include:

• Seriousness of the charges
• Strength of the evidence
• Your criminal history
• Objection from the victim
• Police department's position

With minor first offenses, prosecutors often consent to de minimis motions.

Limits of De Minimis Relief

While powerful, de minimis has some limitations in New Jersey:

• Up to the judge's discretion - not an automatic right
• Prosecutor can object and oppose dismissal
• Typically only applies to very minor first offenses
• Does not apply to serious charges with jail exposure

An experienced attorney will advise if de minimis dismissal is likely viable in your specific case.

Finding a De Minimis Attorney

Don't settle for pleading guilty and having a lifelong criminal record over a minor offense. Consult with a knowledgeable criminal defense lawyer in New Jersey to explore your options under the de minimis law. An effective attorney will advocate for dismissal and present the strongest argument to prosecutors and the judge highlighting why charges meet the de minimis criteria. This provides the best opportunity to put the charges behind you and move forward with a clean record.